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File #: 230569    Version: Name:
Type: Bill Status: ENACTED
File created: 9/14/2023 In control: Committee on Licenses and Inspections
On agenda: Final action: 11/30/2023
Title: Amending Chapter 9-4400 of The Philadelphia Code, entitled "Responsible Business Operations," to expand the provisions for video monitoring of nuisance businesses and to provide additional enforcement mechanisms in connection with certain nuisance businesses engaged in drug paraphernalia sales, all under certain terms and conditions.
Sponsors: Councilmember Gilmore Richardson, Council President Clarke, Councilmember Phillips
Indexes: NUISANCE BUSINESSES
Attachments: 1. Bill No. 23056901, As Amended.pdf, 2. CertifiedCopy23056901
Title
Amending Chapter 9-4400 of The Philadelphia Code, entitled "Responsible Business Operations," to expand the provisions for video monitoring of nuisance businesses and to provide additional enforcement mechanisms in connection with certain nuisance businesses engaged in drug paraphernalia sales, all under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 9-4400 of The Philadelphia Code is hereby amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS.

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CHAPTER 9-4400. RESPONSIBLE BUSINESS OPERATIONS.

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? 9-4403. Enforcement.

(1) Upon a determination that a business is a chronic nuisance business or critical nuisance business, the Department or the Police Department may issue a Notice of Intent to Cease Operations to the business owner, stating that the business has been identified as a chronic nuisance business or critical nuisance business and that the Department may impose a Cease Operations Order pursuant to the procedures set forth in Section A-505 of the Philadelphia Administrative Code unless the business owner either:

(a) Demonstrates to the issuing department that adequate remedial measures have been taken to address the conduct that led to the designation of the business as a chronic nuisance business or critical nuisance business; or

(b) Enters into a nuisance abatement plan pursuant to Section 9-4404.

Such Notice of Intent to Cease Operations may include proposed remedial measures such as some or all of those identified in Section 9-4404. Any Notice of Intent to Cease Operations issued to a nuisance business based on whole or in part on such business's unlawful sales of drug paraphernalia shall include the remedial measures set forth in subsections 9-4404(1)(n) and 9-4404(1)(o) and the remedial measures set forth in subsections 9-4404(1)(f) and 9-4404(1)(p), as appropriate.

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(5) The Department shall lift a ...

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